When negligence is not an occurrence: The intersection of intentional conduct and negligence
The Daily Journal article “When negligence is not an occurrence: The intersection of intentional conduct and negligence,” authored by Sheppard Mullin special counsel Jordan Derringer, analyzes the California Court of Appeal’s decision in State Farm Fire and Casualty Company v. Curtis Diblin, et al., which addresses the challenge of determining whether a defendant’s conduct qualifies as an “occurrence” under insurance law, especially when plaintiffs recast intentional acts as negligence to obtain coverage.
The Diblin ruling affirms that the actual nature of the conduct, rather than the legal terminology used, governs insurance coverage. The court held that insurance is not triggered by a negligence finding if the underlying conduct was intentional, even though a person’s actions may be both negligent and intentional. As a result, insurers have a stronger foundation to deny coverage for harm caused intentionally, regardless of pleading strategies. Diblin could also pose serious obstacles for plaintiffs suing for intentional conduct and alleging a negligence claim in an attempt to trigger insurance coverage.vm
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